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ATL Reader Poll: Is a Burrito a Sandwich?

burrito sandwich Above the Law.jpgWe seem to be on a Mexican food kick here at Above the Law. Our first post of the day was about Taco Bell.

And now, just in time for lunch, we bring you this weighty legal issue:

Is a burrito a sandwich?

For explanation, check out this AP article (which Stella Q linked to yesterday):

Panera has a clause in its lease that prevents the White City Shopping Center in Shrewsbury, Mass., from renting to another sandwich shop. Panera tried to invoke that clause to stop the opening of an Qdoba Mexican Grill.

But Superior Court Judge Jeffrey Locke cited Webster's Dictionary as well as testimony from a chef and a former high-ranking federal agriculture official in ruling that Qdoba's burritos and other offerings are not sandwiches.

The difference, the judge ruled, comes down to two slices of bread versus one tortilla.

For some interesting thoughts on the issue, check out PrawfsBlawg and ACS Blog (especially the comments).

Cast your vote below. Andale, andale!

Make Free Online Polls

Is a Burrito a Sandwich? Judge Says No [Associated Press via Yahoo! News]
Is a Burrito a Sandwich? [PrawfsBlawg]
But Is a Wrap a Burrito? [ACSBlog]


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Comments

A torta is a sandwich.

I agree with the majority that a burrito is not a sandwich. But I'm guessing there was poor drafting on the part of Panera's counsel. My speculation is that the subject intent of the parties was to make Panera the only casual / fast-food-type option in that strip mall.

See, Frigaliment Importing Co. v. B.N.S. International Sales Corp.
190 F.Supp. 116 (S.D.N.Y. 1960)